Decision Date: 10/23/95 Archive Date: 01/17/96
DOCKET NO. 93-28 781 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Chicago,
Illinois
THE ISSUE
Entitlement to an increased rating for schizoaffective
disorder, currently rated as 10 percent disabling.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Alberto H. Zapata, Associate Counsel
INTRODUCTION
The veteran served on active duty from May 1985 to August
1985.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal from a rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Chicago,
Illinois.
REMAND
The veteran is seeking an increased rating for his service-
connected psychiatric disorder. Treatment records from Elgin
Mental Health Center and Tinley Park Mental Health Centers
pertaining to psychiatric treatment of the veteran are of
record. However, a review of the record reveals that no
recent VA psychiatric examination of the veteran's disability
has been performed.
The Board is aware that as of last report the veteran was
confined to a mental health facility. The development
requested below should be done as far as reasonably
practicable. If the veteran remains confined, coordination
with the mental health facility should be accomplished.
Accordingly, the case is REMANDED to the RO for the following
actions:
1. The RO should contact the veteran
and request him to identify the names,
addresses and approximate dates of
treatment for all health care providers
who have treated him in recent years for
his psychiatric disability. Thereafter,
in light of the response received and
after obtaining any necessary
authorization, the RO should take
appropriate action to obtain copies of
any clinical records indicated not
previously secured. Health care
providers contacted should include
Tinley Park and Elgin Mental Health
Centers.
2. Then, the RO should arrange for VA
psychiatric evaluation of the veteran by
a board certified psychiatrist, if
available, to determine the extent of
impairment from his service-connected
psychiatric disability. Any special
diagnostic studies deemed necessary
should be performed. The examiner
should provide an opinion concerning the
impact of the veteran’s disability on
his employability as well as social
functioning. The rationale for all
opinions expressed should also be
provided. The claims folder and a copy
of this remand must be made available to
the examiner for review prior to the
examination.
3. Thereafter, the RO should undertake
any other indicated development, and
readjudicate the issue of entitlement to
an increased rating for schizoaffective
disorder.
4. If the benefit sought on appeal is
not granted to the veteran's
satisfaction, or if a timely notice of
disagreement is received with respect to
any other matter, the veteran should be
provided a Supplemental Statement of the
Case on all issues in appellate status
and afforded a reasonable opportunity to
respond.
Thereafter, the case should be returned to the Board for
further appellate action, if otherwise in order. No action
is required of the veteran until he is otherwise notified by
the RO. By this remand the Board intimates no opinion as to
any final outcome warranted.
ROBERT E. SULLIVAN
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1994).
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